I had similar problems last year. An Austrian lorry crossed lanes slightly on a busy M25 and caught the rear of my car, sending me spinning into the central reservation in reverse. I was not hurt and called the police, who turned up along with an ambulance. The lorry driver stopped a bit further down the road and the police took the rear registration plate.
My insurance company tried to trace the lorry insurers and found who insured the trailer. They denied liability - foreign lorries have different licence plates front and rear and different insurers. Needless to say, I am also down on my excess (£350), plus the cost of car replacement (I had a very good and reliable Honda Accord that really didn't need replacing).
I can, therefore, understand your frustration. However, there is some help - log onto the Motor Insurance Bureau (www.mib.org.uk ) and try to submit a claim with them. They can cover claims for drivers who can't be traced or who are uninsured as I understand. My claim is in, but I haven't heard anything as yet. Can't promise it will work, but its worth a try.
It is frustrating to think that we have both lost significant amounts of money all for the pleasure of having been driven into by foreign lorries. I understand that it is not uncommon. I was going to write to my MP, but I think they are all a bit distracted at the moment!
{Link corrected}
Edited by Dynamic Dave on 29/05/2009 at 01:50
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It is just incompetence if the police on our motorways can't record the registration number on the cab and trailer.
The fact is the police can't be bothered dealing with foreign drivers as its too complicated for them.
I know. I had an american driver (in a UK registered car) drive into the back of my stationary car on the M56 a few years ago. (I was stationary because of a traffic jam). The police officer just made excuses to me for the american's driving.
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I wouldn't say it's incompetence, in fact I'd say that's an unjustified slur. When you have an accident the onus is on YOU to exchange details. If you choose to rely on others to do your job and they get it wrong then guess what - the onus is still on you. I realise there were other circumstances in this case, but as far as I'm concerned that's how it works.
Not knowing the full circumstances here, I bet it was a mistake that anyone could have made. I would generally assume (and I think I'd be correct) that the police would have better attention to detail than Joe Public.
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I read what you say Smokie but OP says his wife was 3 days short of giving birth and so shaken up that she called the police. I hazard a guess that she wasn't in any condition to exchange details and surely if the police are called then they take charge of getting people's name addresses insurance etc? In the circumstances described I would further guess that some law has been broken (lack of due care and attention) I am suprised that the driver has not been identified and charged by whoever deals with these matters in UK
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Remember MIB are insurers of last resort. If you have fully comp MIB won't pay out for damage to your car, only for injuries.
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You may have explored this already, but have you any legal cover for uninsured losses? Or general legal cover on policies other than your motor policy? I've used uninsured loss cover in the past, successfully. At least they are paid to work in your interest, unlike some motor insurers who try delay and fob-off tactics.
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To the best of my knowledge the MIB will only compensate for injuries not damage.
Also the insurance company is not responsible for recovering your excess they only pay out their responsibilities under the terms of your policy.
The recovery of excesses/out of pocket expenses etc etc is the policy holders pigeon.
In the absence of Legal Protection this you will have to pursue yourself via a solicitor or the civil courts.
If the driver/vehicle is unidentified then you have no one to pursue.
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